The client’s Notice of Administrative Penalty was cancelled on the basis that the client did not receive complete records stemming from the police investigation. The SafeRoads Tribunal found that the client was entitled to key records including the main investigator’s notes or report and records related to the calibration and expiry of the device used to test the client’s breath for alcohol. Counsel also argued that the client did not have a blood alcohol concentration over the legal limit and that the client did not operate the motor vehicle. Because the records issue was dispositive of the question of whether the Notice of Administrative Penalty should be cancelled, the SafeRoads Tribunal declined to consider any further grounds.
As a result of the cancellation of the Notice of Administrative Penalty, the client’s license is no longer suspended, their driving record will not reflect an impaired driving suspension, and they are not subject to a fine.